A.
Pursuant to the provisions of N.J.S.A. 40:48-2.12s, the creditor filing the summons and complaint in an action to foreclose shall be responsible for the care, maintenance, security, and upkeep of the exterior of the vacant and abandoned residential property. This obligation applies whether the determination that the property is vacant and abandoned is made by the public officer pursuant to Chapter 111, Property Maintenance; Chapter 67, Buildings or Structures, Repair or Demolition of; N.J.S.A. 2A:50-73; or otherwise.
B.
If the creditor is located out of state, the creditor shall be responsible
for appointing an in-state representative or agent to act for the
foreclosing creditor.
C.
An out-of-state creditor shall include the full name and contact
information of the in-state representative or agent in the notice
required to be provided to the Municipal Clerk pursuant to N.J.S.A.
46:10B-51(a)(1).
D.
An out-of-state creditor found by the municipal court, or by any
other court of competent jurisdiction, to be in violation of any provision
of this article shall be subject to a fine of $2,500 for each day
of the violation, commencing on the day after the ten-day period set
forth in N.J.S.A. 46:10B-51(a)(1) for providing notice to the Municipal
Clerk that a summons and complaint in an action to foreclose has been
served.
E.
A public officer appointed pursuant to N.J.S.A. 40:48-2.3 et seq.,
or any enforcement officer described in this chapter, shall be authorized
to issue a notice to the creditor filing the summons and complaint
in an action to foreclose, if the public officer or enforcement officer
determines that the creditor has violated this chapter by failing
to provide for the care, maintenance, security, and upkeep of the
exterior of the property. The notice shall require the person or entity
to correct the violation within 30 days of receipt of the notice,
or within 10 days of receipt of the notice if the violation presents
an imminent threat to public health and safety. The issuance of this
notice shall constitute proof that a property is "vacant and abandoned"
for purposes of N.J.S.A. 2A:50-73.
F.
A creditor found by the municipal court, or by any other court of competent jurisdiction, to be in violation of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to Subsection A shall be subject to a fine of $1,500 for each day of the violation commencing 31 days following receipt of the notice, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
